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Tequila ! said..
Still now no one have balls to admit their fault at this mess. Unfortunately its a characteristic of us (blame shifting).
From what I read of the court case (and saw when the live stream was working) the fault in this lies with the judge.
How he came up with 'release and return his visa immediately', I am buggered if I can work it out.
Don't get me wrong here, the mandatory jab is a dumb rule and I think Novak should be allowed in and to play tennis. But that wasn't the question before the court. The question was about border officials and Novak correctly following the procedures or not.
It seems the border officials may not have followed procedures in the judges view simply because they informally made a comment as part of a lengthy discussion, which later turned out to be not how events actually unfolded.
But it also seems Novak failed to follow the procedure in far more significant ways... lies, indifference and deliberate attempts to circumvent the rules. From the transcripts he also seems he accepted the revised timeline the officials offered.
The judges language seemed inherently biased to me and it seemed he had already made up his mind of disliking government officials and the way the situation had panned out before he entered the court room.
Surely Novak didn't have a visa to be returned until he got the stamp at the border saying he had a visa, which he didn't get. How could he have his visa returned when he didn't have one anyways ?
If the court found he wasn't given sufficient time by the border officials to argue his case, then give him that time now. Now he has all lawyers with him. Give him the two hours now to prove his case for medical exemption of the jab. Why the court releases him from meeting any of the rules because of a procedural misstep by border officials seems bizarre.
If the rule is you have to be vaccinated, and he no longer has covid, and thus no longer has any reason for his medical exemption then make him get the vaccine now. Right now. Before release from quarantine. Public jab. If he won't have it then clearly his refusal is not one of medical exemption but one of personal choice and thus send him home.
If he takes one then clearly there was no reason he couldn't have got one at any time in the last two years he didn't have covid and so he lied and send him home.
If he needed an extra two hours to prove his exemption, then give him two hours.
Release him from all obligations to meet Australian laws seems ..... unlawful. I blame the judge.